Judiciary’s hopes from the new government

A new Manmohan Singh government should not bank on help from certain allies who are facing criminal charges. It’s necessary to bring about much-needed judicial reforms and enforce transparency and autonomy on law-enforcement agencies that have allegedly been misused for, either, protecting a few tainted leaders or nailing others who have fallen from the ruling party’s grace.

In his last term, Manmohan Singh had reiterated honesty, transparency and accountability in the justice system that includes law enforcement agencies, judiciary and the law ministry, in charge of appointing law officers and recommending amendments to existing laws.

Former attorney general Soli J Sorabjee minced no words in spelling out his expectations from the new government. “Please change the law officers. They don’t appear, many times, in court.”

He didn’t comment on the competence of law officers such as attorney general Milon Banerjee. Since 2004, when the UPA government came into being, Banerjee has argued twice — on a law relating to employees’ state insurance and another relating to whether the word ‘Sindh’ should be dropped from the national anthem. His name, however, figured in 10 cases as AG representing the Union government.

Banerjee didn’t argue in the case of 27% quota for OBCs but former attorney general K Parasaran appeared for the Union government. He didn’t argue even in Kuldip Nayar’s petition that sought a direction to make permanent resident clause compulsory for those seeking entry to Rajya Sabha from a particular state. Either solicitor general Goolam E Vahanvati or senior additional solicitor general Gopal Subramanium represented the Union of India even in cases where the apex court wanted to hear the AG’s views.

What’s needed now is to make laws and legal machinery sensitive to the aspirations of millions of litigants waiting for justice for decades. It would be worth an attempt to shake up the entire law ministry to strengthen the new government’s commitment to social, speedy and just justice for the poor at low cost.